Posted on Jan 8, 2018 in Civil Procedure | Comments Off on Court Limits Right to Cure Improper “Shotgun” Pleadings

The term “shotgun pleading” refers to a complaint that, for one reason or other, fails to give the defendants adequate notice of the claims against them. In the Eleventh Circuit, courts have identified roughly four categories of shotgun pleadings: (1) a pleading with multiple counts where each count adopts the allegations of all preceding counts; (2) a pleading that relies on...

Posted on May 17, 2017 in Employment Law | Comments Off on NO ERISA CLAIMS FOR MULTI-EMPLOYER PENSION FUND CONTRIBUTOR

Responding to a pension fund’s dire financial condition, its board passed an amendment requiring employers withdrawing from the fund to pay a portion of the fund’s deficiency. One contributing employer, WestRock, then sought a declaratory judgment that the amendment violated ERISA, arguing on appeal that it had a claim under 29 U.S.C. §§ 1132(a)(10) or 1451(a). Whether these provisions...

Posted on Mar 22, 2017 in Civil Procedure | Comments Off on When Confirming Diversity of Citizenship, Trust—but Verify

In Purchasing Power, LLC v. Bluestem Brands, Inc., 2017 WL 1046103 (11th Cir. Mar. 20, 2017), the Eleventh Circuit reminded litigants and their counsel that it is critical to confirm the citizenship of all relevant corporate entities in determining the existence of diversity jurisdiction, but reversed the district judge’s order imposing “inherent power” sanctions on a party which had...

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The Eleventh Circuit Business Blog reports on recent decisions of significance to business clients from the U.S. Court of Appeals for the Eleventh Circuit. The blog is produced by members of Eversheds Sutherland’s appellate practice. The perspectives offered are those of the individual contributors and do not represent the views of any of our clients.